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Contracts and Equality: The Dangers of Non-disclosure Agreements in English Law.
- Source :
-
European Review of Contract Law . Jun2022, Vol. 18 Issue 2, p127-158. 32p. - Publication Year :
- 2022
-
Abstract
- This paper is concerned with the interaction between the principle of equal treatment and non-disclosure agreements in English law. The common use of non-disclosure agreements (also referred to as 'confidentiality clauses' or 'gagging clauses') as a term in contracts settling possible claims in which harassment or discrimination were alleged came to public prominence in England following the #MeToo movement. There has, though, been little consideration of the enforceability of these non-disclosure agreements as a matter of contract law and the impact of non-disclosure agreements upon equality. This paper examines the legal enforceability of these agreements as a matter of English contract law. It is argued that non-disclosure agreements, designed to obtain silence, work to impede the equality of women. English contract law provides few protections from the potential abuse that can arise from non-disclosure agreements. [ABSTRACT FROM AUTHOR]
- Subjects :
- *NONDISCLOSURE
*CONTRACTS
*EQUALITY
*HAZARDS
*HARASSMENT
*METOO movement
Subjects
Details
- Language :
- English
- ISSN :
- 16149920
- Volume :
- 18
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- European Review of Contract Law
- Publication Type :
- Academic Journal
- Accession number :
- 157408263
- Full Text :
- https://doi.org/10.1515/ercl-2022-2041